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Terms and Conditions
Introduction
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, OF 2000 AND THE RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
THIS DOCUMENT IS PUBLISHED PER THE PROVISIONS OF RULE 3(1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 WHICH REQUIRES PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS OR USAGE OF THIS WEBSITE/MOBILE APPLICATION.
The domain name www.dranams.com (hereinafter referred to as the “Website”) is owned by Dr Anam Aftab (hereinafter referred to as the “Owner”). The Website is a platform for Ayurveda Doctor consultation services to customers primarily pan India and other geographies. The Owner, may, at their sole discretion and in a manner it deems fit service customers outside India on a case-to-case basis.
The Owner reserves a right, at their sole discretion, to change, modify, add or remove all or any of these Terms of Use (“Terms” or “Terms of Use”), at any time without any prior written notice to you. It is your sole responsibility to review these Terms periodically for updates and changes. Your continued use of the Website following the posting of changes shall be deemed to mean that you accept and agree to the revisions. As long as you comply with these Terms, The Owner grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the Website.
1 Acceptance of Terms
Please carefully read these Terms. To use the Website, you must first agree to the Terms. By accessing, browsing or otherwise using the Website, you are agreeing to these Terms and concluding a legally binding contract with The Owner. You are advised to read these Terms carefully before proceeding.
You may not use the Website if you do not accept the Terms or are unable to be legally bound by the Terms. Your use of the Website is governed by these Terms and shall include the applicable policies which are incorporated herein by way of reference. By impliedly or expressly accepting these Terms, you also accept and agree to be bound by all policies of The Owner, including but not limited to its privacy policy ("Privacy Policy"), as amended from time to time.
As a condition of your access to and use of the Website, you agree that you will comply with all applicable laws and regulations when using the Website.
2 Membership Eligibility
Use of the Website is available only to persons who can enter into legally binding contracts under the Indian Contract Act, of 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Website. Any person under the age of 18 shall not register on the Website and shall not transact on or use the Website. If a minor wishes to use or transact on the Website, such use or transaction may be made by the minor’s legal guardian or parents on the Website. The Owner reserves the right to terminate any person’s membership and/or refuse to provide such person with access to the Website if it is brought to the Owner’s notice or if it is discovered that such person is not eligible to use the Website.
3 Account and Registration Obligations
The Website allows only limited and restricted access to the services for unregistered users.
To use the Website, as part of the registration process, you may have to create an account on the Website (“Account”), which can be done either by signing up through Facebook or Google or by entering your name, e-mail address and password.
While registering with The Owner to use the Website, you shall not:
create an Account for anyone other than yourself, unless such person's prior permission has been obtained;
use an Account that is the name of another person with the intent to impersonate that person;
use a name for the Account that is a name that is otherwise offensive, vulgar, obscene or otherwise unlawful; or
create more than one Account on the Website.
The Owner cannot and will not be liable for any loss or damage arising from your failure to comply with the above Clause 3.
Once registered, to log into the Account on the Website, you will be required to provide the e-mail address, mobile number and password used at the time of registration (“Account Information”). You may also be required to provide mailing address, your occupation, and information associated with your health concerns.
You agree that the information that you provide to us at all times, including at the time of registration, will be true, accurate, up-to-date, and complete. You agree that if you provide any information that is untrue, inaccurate, not up-to-date or incomplete or becomes untrue, inaccurate, not up-to-date or incomplete or if The Owner has reasonable grounds to suspect that such information is untrue, inaccurate, not up-to-date, incomplete, or not per these Terms, The Owner shall have the right to indefinitely suspend or terminate or block access to your Account on the Website and refuse to provide you access to the Website.
You shall not transfer or share your Account Information with anyone. You are responsible for maintaining the confidentiality of your Account Information and for all activities that occur under your Account.
The Owner reserves the right to take all action, as it deems necessary or reasonable, regarding the security of the Website and your Account Information.
In no event and under no circumstances shall The Owner be held liable to you for any liabilities or damages resulting from or arising out of your use of the Website, theft of your Account Information, your use of the Account Information or your release of the Account Information to a third party or your authorization to allow another person to access and use the Website using your Account.
You understand that once you register as a user on the Website, you may receive multimedia text messages such as SMS, WhatsApp, Facebook Messenger, and phone calls from The Owner on your registered mobile number and you may receive e-mails on your registered e-mail address. These messages, e-mails and calls could relate to your registration, transactions, consultations that you carry out through the Website and promotions that are undertaken by The Owner. You, hereby, by way of accepting these Terms consent to the receipt of such communication from The Owner.
You agree to
immediately notify The Owner of any misappropriation or unauthorised use of your Account Information or any other breach of security, and
ensure that you exit from the Account at the end of each session. The Owner cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause. You may be held liable for losses incurred by The Owner or any user or visitor of the Website due to authorised or unauthorised use of your Account, as a result of your failure to keep your Account Information confidential.
You shall not use anyone else’s account at any time while accessing the Website.
If you do not want to create an Account on the Website, you, as an unregistered user, are permitted to make purchases and/or book appointments on the Website without creating an account by using the option of ‘Guest Checkout’. To avail of this ‘Guest Checkout’ option, you shall be required to provide The Owner with accurate and complete details of your e-mail address, mobile number and shipping address. You understand that, as an unregistered user, the information you provide will not be saved on the Website and you will be required to re-enter such information every time you use ‘Guest Checkout’ on the Website at the time of purchase. The Owner cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause.
You may also otherwise use the Website by, including but not limited to, posting queries on the Website or seeking online consultation, for which you shall be required to provide accurate and complete details of all information as may be required by The Owner. The Owner cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause.
You understand that once you use the ‘Book My Appointment’/‘Guest Checkout’ option or otherwise provide information for using the services on the Website, you may receive multimedia text messages such as SMS, WhatsApp, Facebook Messenger, and phone calls from The Owner on your mobile number and you may receive e-mails on your e-mail address. These messages, e-mails and calls could relate to the transactions that you carry out through the Website and promotions that are undertaken by The Owner. You, hereby, by way of accepting these Terms consent to the receipt of such communication from The Owner.
4 Services Offered on the Website
The Owner, through the Website, simply acts as a platform for booking appointments with Ayurveda consultants. The Owner does not have any control and does not determine, advise or in any way involve themselves in the services provided by the doctors. It is further clarified that The Owner only appoints doctors from time to time. Under no circumstance does The Owner claim to influence the services offered on the Website or provide any warranty concerning such services, and any claims concerning the unsatisfactory services of the doctors should be channelled to doctors alone, whose details The Owner may provide to you as it may deem fit.
The Owner provides several services through the Website, as enumerated in detail below.
Booking of Appointments
This service enables you to book an appointment from The Owner directly through the Website from time to time. It shall be your sole responsibility to ensure that the services engaged are personally consumed by you, and not by any third party, except in cases of services engaged, on behalf of a minor, by the minor’s legal guardian or parents on the Website. It is clarified that services engaged by any entity, not being a natural person, under any circumstance whatsoever. The Owner reserves the right to terminate any person’s membership and/or refuse to provide such person with access to the Website and/or cancel any orders so placed if it is brought to The Owner’s notice or if it is discovered that such person is not eligible to purchase The Services per this Clause. You hereby agree that The Owner shall in such a scenario have the right to cancel your order placed and refund the payment made by you at the time of purchase of the service per the refund policy, at their sole discretion. The Owner cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause.
The Services can be purchased on the Website through various methods of payment. The sale/purchase of Products shall be additionally governed by the returns/exchange policy, refund policy and cancellation policy, as contained in these Terms.
To help you understand which products to purchase from The Owner on the Website, you may fill out a questionnaire on the Website (“Questionnaire”). Upon completion of the Questionnaire, you acknowledge and understand that based on your responses to the Questionnaire, The Owner will provide the results of your Questionnaire and also recommend certain Products to purchase on the Website. As part of this service, The Owner also enables you to chat with a doctor or a health practitioner (recommended by The Owner) to further understand the results of the Questionnaire.
5 Use of the Website
You agree, undertake and covenant that, during the use of the Website, you shall not host, display, upload, modify, publish, transmit, update or share any information that:
belongs to another person or entity to which you do not have any right.
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another person's privacy, hateful or racially or ethnically objectionable, or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.
is misleading in any way.
involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming".
infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity.
provides instructional information about illegal activities such as violating someone's privacy, or providing or creating computer viruses.
tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, or other areas of the Website or solicits passwords or personally identifying information for commercial or unlawful purposes from other users of the Website.
engages in commercial activities without The Owner’s prior written consent such as engaging in contests, sweepstakes, barter, advertising etc.
interferes with another user’s use of the Website.
refers to any website or URL that, in The Owner’s sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms.
deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing.
contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, covertly intercept or steal any system, data or personal information.
You agree and acknowledge that you shall not use the Website for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to your use of the Website. You further agree and acknowledge that you shall use The Services and/or any other services (including the Monthly Subscription Service) purchased on the Website only for your personal use and not for business purposes.
The Owner shall have the right, but not the obligation, to monitor access to or use of the Website to ensure your compliance with these Terms or applicable laws or other legal requirements, at their sole discretion.
6 Your Reviews
The Website may allow you to post certain content, data or information of your own, such as allowing you to rate Products and/or any other services (including the Monthly Subscription Service), post your comments, and reviews concerning Products and/or any other services (including the Monthly Subscription Service) on specific pages of the Website, as well as submit any suggestions, comments, questions or other information to The Owner using the Website (collectively referred to "User Content").
You, being the originator of the User Content, are responsible for the User Content that you upload, post, publish, transmit or otherwise make available on the Website. You represent that you have obtained all relevant consents and approvals to post any User Content. You further represent that all such User Content will be per applicable law. You acknowledge that The Owner does not endorse any User Content on the Website and is not responsible or liable for any User Content. The Owner reserves the right to disable access to the User Content on the Website.
You hereby grant The Owner a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post or that you otherwise provide on or through the Website; and that, as at the date that the User Content is posted or submitted on the Website: (i) the User Content is accurate; (ii) use of the User Content you supply does not breach these Terms; and (iii) that such User Content is lawful.
You further represent and warrant that while posting any User Content on the Website you shall not use any offensive, libellous, derogatory, hateful or racially or ethnically objectionable language. Further, you shall not post any content on the Website that is obscene, pornographic or constitutes an “indecent representation of women” as provided in The Indecent Representation of Women (Prohibition) Act, 1986.
7 Payment Facility
The Website permits payment via. various modes, including cash on delivery (COD) (not available for availing Monthly Subscription Service), virtual payment wallets and online payments through debit/credit cards and internet banking.
If you purchase The Services using the cash on delivery (COD) option, upon delivery of The Services, you are not permitted to refuse receipt of such Products. If you refuse receipt of such delivered Products and/or do not pay for the same, The Owner reserves the right to blacklist you and block access to your Account on the Website and/or take any other action as it may deem fit.
While availing any of the payment method/s available on the Website, The Owner will not be responsible for or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
Lack of authorization for any transaction(s), or
Exceeding the preset limit mutually agreed by you and between bank/s, or
Any payment issues arising out of the transaction, or
Rejection of transaction for any other reason(s) whatsoever.
All payments made against the purchases on the Website by you shall be compulsorily in Indian Rupees. The Owner will not facilitate transactions concerning any other form of currency for the purchases made on the Website.
At the time of delivering your order, The Owner may request you to provide supporting documents (including but not limited to identification and address proof issued by the Government of India). This is done in the interest of providing you with a safe online shopping environment.
You acknowledge that The Owner will not be liable for any damages, interests, claims, or losses resulting from or suffered on account of not processing a transaction/ transaction amount or any delay in processing a transaction/ transaction amount which is beyond the control of The Owner.
8 Shipping
The Owner reserves the right to accept or reject an order placed on the Website in part or in full. The Owner will notify you of its acceptance of the order on your email address (provided at the time of registration or purchase), as soon as possible by confirming receipt of your order and dispatch of the same. All decisions concerning the acceptance or rejection made by The Owner shall be final and binding. You agree not to challenge such a decision in any manner whatsoever.
As soon as an order is dispatched, The Owner shall send a shipping confirmation and contact you via. e-mail or multimedia text messages such as SMS, WhatsApp, Facebook messenger or phone calls from The Owner on your mobile number with the delivery details. You, as a registered user, can track the order using the Website and can also track the order by visiting the ‘Order History’ page under the Account.
Once the order has been placed, you agree and acknowledge that you cannot modify the order. It is however clarified that you may amend the shipping address by notifying The Owner in writing any time before the order has been packed for dispatch. The standard timeline for delivery of orders placed on the Website across India is ten (10) business days.
Notwithstanding anything to the contrary contained hereinabove, during high season and sale, shipping of products may take a little longer.
9 Returns/Exchange Policy
Subject to Clause 9.8 below, The Owner shall accept only the following unused Products for returns/exchange:
Physically damaged Products;
Where the complete Product has not been delivered;
Where the service is different from the description on the Website;
Wrong quantity received.
You must notify The Owner in writing within 5 (Five) business days from the date of receipt of the service and must not consume the service to be eligible for the return/exchange.
If no such written notification is received by The Owner within the period mentioned above and/or the service is consumed and/or if the service was purchased using the cash on delivery (COD) option, The Owner shall not be required to accept the return/exchange of the Product. It is clarified that if an order is placed on the Website using the cash-on-delivery (COD) option, The Owner reserves the right to accept your return/exchange requests only in exceptional cases.
Upon receipt of a return request from you within the period mentioned in Clause 9.2 above, The Owner shall collect the service from you through its logistics partner at its cost and inspect the service as provided in Clause 9.4 below.
Upon receiving the service sought to be returned/exchanged by you, The Owner shall be entitled to inspect whether there is any defect or damage in the service (as per Clause 9.1 above) or if the service has been consumed by you entitling you to return the service or ask for a replacement.
Upon inspection of the service as provided in Clause 9.4 above, if The Owner believes that the returned Product is not defective/damaged/not as per the order placed and/or the service has been consumed then you will be informed about the same and the same Product will be reshipped to your shipping address. You will have to bear the shipment charges for the reshipped Product.
In the event, where after the inspection of the returned Product The Owner finds that the service is defective/damaged/not as per the order placed and/or the service has not been consumed, and accepts your return/exchange claim, The Owner shall
in case of an exchange request placed, provide you with a replacement product within 15 (Fifteen) business days of receipt of the request; or
in case a return request is placed, refund the payment made by you at the time of purchase of the service per the refund policy.
If you choose not to fill out the Questionnaire and/or fix a consultation appointment with the health practitioner or doctor (recommended by The Owner) and have written to us at contact@dranams.com to claim a refund for the order so placed per these Terms, you must immediately return the unused Products in the manner indicated by The Owner. In the event, that after the inspection of the returned Product The Owner finds that the service has not been consumed, The Owner shall refund the payment made by you at the time of purchase of the service per the refund policy. If no such written notification is received by The Owner and/or the service is consumed and/or the service is not returned in the manner indicated by The Owner, The Owner shall not be required to accept the return of the Product.
All decisions concerning the returns/exchange requests made by The Owner shall be final and binding. You agree not to challenge such a decision in any manner whatsoever.
10 Refund Policy
Appointments booked with payments on the website or through any other channel are not eligible for cancellation but may be eligible for rescheduling, at the discretion of The Owner.
Not joining the video call to any appointment will be marked as cancelled and the patient will be marked as a No-Show. The right to Reschedule in such a scenario is reserved with the Owner.
Only those Products for which
A return/exchange request has been placed by you as per The Owner’s returns/exchange policy and for which
the replacement is not possible, or
a replacement is not asked for; or
a cancellation request has been initiated by The Owner (whether concerning a specific order placed or the Monthly Subscription Service) or has been placed by you as per the cancellation policy; or
a refund request has been placed per Clause 9.8 above, and you will be eligible for a refund.
Details concerning such refunds shall be provided to you through your registered e-mail. The Owner reserves the right to honour such refund requests in a manner it deems fit and it is clarified that such refund requests shall be accepted by The Owner only in exceptional cases. You agree not to challenge such a decision in any manner whatsoever.
11 Online Refunds
In case the payment mode of the returned or cancelled order is online (credit card/debit card/net banking/virtual payment wallets) the transaction amount will be refunded to your bank account or the virtual payment wallets, as may be applicable.
Refund will be done within 5 (Five) business days from the date of request of return/cancellation (other than for refund requests placed per Clause 9.8 above) if found eligible.
Refund will be done within 45 (Forty-Five) business days from the date of refund request per Clause 9.8 above.
12 Offline Refunds
In case the payment mode of the returned order is cash on delivery (COD), the transaction amount will be, at The Owner’s option, provided to you as a credit to purchase any other Products on the Website or cash vouchers that can be redeemed elsewhere with other websites, as may be indicated by The Owner.
Provision of such credit or cash vouchers, as The Owner may deem fit, will be done within 5 (Five) business days from the date of request of return/cancellation (other than for refund requests placed per Clause 9.8 above) if found eligible.
Provision of such credit or cash vouchers, as The Owner may deem fit, will be done within 45 (Forty-Five) business days from the date of refund requests placed per Clause 9.8 above.
Whilst describing The Services available for purchase on the Website, The Owner has taken all care and precautions to be as accurate as possible. However, The Owner does not warrant that product descriptions or other content on the Website are accurate, complete, reliable, current, or error-free. If a Product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, The Owner may, at its discretion, either contact you for instructions or cancel the order and notify you of such cancellation. In such cases, The Owner will refund the transaction amount to you (only for which the payment is already received) in a manner it deems fit.
13 Cancellation Policy
Cancellation by The Owner
If you place an order and due to some reason (unexpected lack of inventory or any other reason) The Owner is not able to ship the Product, the order will be cancelled and the transaction amount, if already paid, will be refunded to you as per the refund policy.
There may be certain orders and/or subscription services that The Owner may be unable to accept and must cancel, including but not limited to, instances where the health practitioner or doctor (recommended by The Owner) believes that the Product/s so ordered is not suited to your menstrual health needs (based on your responses to the Questionnaire). The Owner reserves the right, to refuse or cancel any order and/or subscription service for any reason whatsoever at their sole discretion.
Some situations that may result in your order being cancelled include, without limitation, non-availability of The Services or quantities of Products ordered by you, non-availability of the services on the Website, inaccuracies or errors in pricing information, or a Force Majeure Event.
The Owner may also require additional verifications or information before accepting any order. The Owner will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after you have been charged, the transaction amount will be refunded to you as per the refund policy.
A “Force Majeure Event” for these Terms shall mean any event that is beyond the reasonable control of The Owner and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes, lockouts or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, civil disturbances, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, pandemic or national/state lockdown due to any reason and any other similar events not within the control of The Owner and which The Owner is not able to overcome.
Cancellation by You
In case of requests for order cancellations, The Owner reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if The Owner receives a cancellation notice and the order has not been processed/approved or dispatched by The Owner, The Owner shall cancel the order and refund the transaction amount (if already paid) to you as per the refund policy. The Owner will not be able to cancel orders that have already been processed or have been dispatched. The Owner has the full right to decide whether an order has been processed/dispatched or not. You agree not to dispute the decision made by The Owner and accept The Owner’s decision regarding the cancellation.
14 Links to Third-Party Websites
The Website may contain links and interactive functionality interacting with the websites of third parties. The Owner is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, policies, terms, or content of any such website. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, The Owner strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website.
Upon an order being placed on the Website, The Owner may, at their sole discretion, also offer coupons or such other deals to you to purchase products from third-party websites. The Owner is not responsible for and has no liability for actions/inactions of any such third parties concerning the coupons or such other deals offered by The Owner. These coupons or such other deals offered by The Owner on the Website are for the sole purpose of your personal use and not for further resale or distribution. The Owner reserves the right to revoke any coupons or other such deals at any time as it may deem fit.
For Products purchased from third-party websites, The Owner strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website.
15 Representations
You hereby represent and warrant that you have validly entered into these Terms and have the legal power to do so. You further represent and warrant that you shall be solely responsible for due compliance with these Terms.
16 Limitation of Liability
IN NO EVENT SHALL The Owner, ITS DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE; (III) UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/OR (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT The Owner IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE ABOVE AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, THE MAXIMUM AGGREGATE LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR EQUITY) OF The Owner VIS-À-VIS ANY USER OF THE WEBSITE, REGARDLESS OF THE FORM OF CLAIM, SHALL BE LIMITED TO THE AGGREGATE OF TRANSACTION AMOUNT PAID BY THE USER TO The Owner. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.
17 Disclaimer of Warranties
THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE (COLLECTIVELY, THE "MATERIALS") ARE PROVIDED BY The Owner ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. The Owner MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE ACCURACY OR COMPLETENESS OF THE MATERIALS AND THE ACCURACY OF THE INFORMATION. The Owner SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENT OR INFORMATION. YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE IS AT YOUR SOLE RISK. The Owner WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR THE MATERIALS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, The Owner DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES TO THE WEBSITE AND ITS MATERIALS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
18 Indemnification
You shall indemnify and hold harmless The Owner, its licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from all claims, demands, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms, Privacy Policy and other policies, or your violation of any law, rules or regulations or the rights (including infringement of any intellectual property rights) of a third party.
19 Intellectual Property Rights
The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”)on the Website is owned and controlled by The Owner or its manufacturers or suppliers and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
Through your use of the Website, by no means are any rights impliedly or expressly granted to you in respect of such Content. The Owner reserves the right to change or modify the Content from time to time at their sole discretion.
The trademarks, logos and service marks displayed on the Website ("Marks") are the property of The Owner or its vendors, manufacturers or respective third parties. You are not permitted to use the Marks without the prior consent of The Owner, the vendor, the manufacturer or the third party that may own the Marks.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, The Owner owns all intellectual property rights to and into the trademark “The Owner”, and the Website, including, without limitation, all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
Except as expressly provided herein, you acknowledge and agree that you shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorisation from The Owner or the thirty party owner of such Content. You may download material from the Website only for your personal use and for no commercial purposes whatsoever.
Any infringement shall lead to appropriate legal proceedings against you at the appropriate forum for seeking all available remedies under the applicable laws of India.
20 Termination of Access to Your Account
The Account can be terminated at any time by
You; by ceasing to use the Website.
The Owner; in their sole discretion for any reason or no reason including your violation of these Terms or lack of use of the Website. You acknowledge that the termination of services may be affected without any prior notice, and The Owner may immediately deactivate or delete your Account and all related information and/or bar any further access to your Account or the Website. Further, you agree that The Owner shall not be liable for any discontinuation or termination of services by any third party.
The disclaimer of warranties, the limitation of liability, and the governing law provisions shall survive any termination of these Terms.
21 Privacy Policy
As elaborated under the Privacy Policy, The Owner will keep all confidential information confidential and shall not disclose it to anyone except as required by law, and shall ensure that such confidential information is protected with security measures and a degree of care that it would apply to its confidential information. The Owner acknowledges that its employees, directors, agents and contractors shall use the confidential information only for the intended purpose for which it is provided. The Owner shall use all reasonable endeavours to ensure that its employees, directors, agents and contractors acknowledge and comply with the provisions of these terms of confidentiality as if such person were subject to these terms of confidentiality. If you object to your information being transferred or used, please do not use the Website.
22 Governing Law and Dispute Resolution
These Terms shall be governed by and interpreted and construed per the laws of India. The place of jurisdiction shall exclusively be in Mumbai, Maharashtra, India. In the event of any dispute arising out of these Terms, the same shall be settled by binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Mumbai, Maharashtra, India.
23 Assignment
It is expressly agreed by the parties that The Owner may assign all or part of its rights or duties under these Terms without such assignment being considered a change to these Terms and without notice to you, except to the extent provided by law.
24 Grievance Redressal Mechanism
Per the Information Technology Act, 2000 and the Rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Name: The Grievance Officer of Dr Anam’s Clinic
Address: Dr Anam’s Clinic, 7 Hills Apartments, Power Welfare Society, Kokapet 500089
Ph. No.: +918009858057
E-mail: contact@dranams.com
If you wish to make a complaint regarding any violation of the provisions of these Terms, you may send a written complaint to the Grievance Officer, who shall redress the complaint per the provisions of the Information Technology Act, 2000 and Rules made thereunder.